Radheyshyam @ Babu Chaurasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 10748 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRA No. 9392 of 2022
                                     (RADHEYSHYAM @ BABU CHAURASIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-07-2023
                                 Shri Ravi Dwivedi - Advocate for the appellant.

                                 Shri Rajesh         Shukla   - Additional Advocate General for the
                           respondent/State.

Heard on IA.No.17560/2022, firs t application under Section 389(1) Cr.P.C. moved on behalf of appellant- Radheshyam @ Babu Chaurasiya seeking suspension of sentence and grant of bail.

The appellant stands convicted under Sections 449 of IPC and Section 5M/6 of POCSO Act and sentenced to undergo 10 years of RI and life imprisonment with a fine of Rs.10,000/- and Rs.20,000/- respectively with default stipulation vide judgment of conviction and order of sentence dated 14.06.2022 passed by Special Judge (POCSO Act) and Second Additional Sessions Judge, District Datia (M.P.) in Special Case No.21/2021.

So far appellant has undergone jail sentence for 2 years 3 months and 14 days, as stated at the bar.

This court on 05/07/2023 directed the Government Advocate to place on

record the physical and health condition report of the appellant from the concerned Central Jail.

Shri Shukla, learned counsel for the State submits that report dated 08/07/2023 has been received. It is stated thereunder that the appellant is aged about 75 years and he is not able to perform the daily routine work i.e., to response to nature's call on his own and requires assistance of one person. His health condition is also not good.

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 13-07-2023 10:20:04 AM

In view of the aforesaid facts and circumstances, though this Court refrains from commenting upon rival contentions touching merits of the case, but on medical/health ground, we deem it appropriate to extend the benefit of suspension of sentence and grant of bail to the present appellant.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended and he shall be released on bail, subject to verification of amount of fine being deposited and on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court. Appellant is directed to appear before the Registry of this Court first on 11/09/2023 and

on other subsequent dates as may be fixed by the Office in this behalf.

Accordingly, IA No.17560/2022 stands allowed and disposed of. It is made clear that observations on facts, if any, are only for the purpose of disposal of the application for suspension of sentence and shall have no hearing on the merits of the appeal.

Certified copy as per rules.

                             (ROHIT ARYA)                                      (SANJEEV S KALGAONKAR)
                                JUDGE                                                   JUDGE

                           Monika




Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 13-07-2023
10:20:04 AM